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White House Pulled FDA Restrictions on E-Cigarette Flavors

A White House office deleted language in a recently introduced tobacco regulation that would have removed

flavored e-cigarettes from the market

until they had been authorized by the Food and Drug Administration, an edited version of the document shows.

On May 5, the FDA released a final rule extending its tobacco authority to include e-cigarettes, pipe tobacco,

cigars and hookah. The rule becomes

effective in early August. Under the rule, companies must seek marketing authorization for any tobacco product

introduced after Feb. 15, 2007.

A smoker puffs on an e-cigarette.
A smoker puffs on an e-cigarette. Torin Halsey / Wichita Falls Times Record News

The rule gives manufacturers a grace period of up to two years to submit marketing applications, during which

they can continue to sell their products. They can sell them for an additional year while the FDA completes its

review.

As submitted by the FDA to the White House Office of Management and Budget (OMB), the rule gave a grace

period for flavored products of only 90 days after the rule became effective.

Public health advocates have long called for flavored tobacco products to be banned, saying flavors such as

bazooka Joe Bubble Gum and Cotton Candy are designed to appeal to children.

The FDA provided pages of data and scientific studies in support of its plan, noting “a dramatic rise in youth

and young adult use of typically flavored tobacco products, like e-cigarettes and waterpipe tobacco, and

continued youth and young adult use of cigars.”

The OMB deleted both the FDA’s planned policy and the rationale for the policy.

A White House spokeswoman, Emily Cain, said the OMB “does not comment on changes made during the

interagency review process.” The FDA also does not comment, FDA spokesman Michael Felberbaum said.

In its originally submitted rule, the FDA said it recognized that numerous flavored products would come

off the market within 180 days of the rule’s publication “and that this will significantly impact the availability

of flavored tobacco products at least in the short term.”

But it said the move was important because tobacco products with characterizing flavors, including menthol

but excluding tobacco flavor, were attractive to young people.

“FDA made an overwhelming scientific case to OMB,” Matthew Myers, president of the Campaign for

Tobacco-Free Kids, said in an interview. “For reasons that are not articulated, those people substituted their

own judgment.”

“We are deeply troubled that these important safeguards were stripped in this way when FDA repeatedly

demonstrated that the science shows flavored products appeal to youth and young adults,” Harold Wimmer,

president of the American Lung Association, said in a statement.

Proponents of e-cigarettes say the products can help people quit smoking and that flavors are a crucial

element of what makes them attractive to adults seeking to quit. The FDA said in its original rule that evidence

supporting such claims “is thus far largely anecdotal.”

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Friday, July 5th, 2019 at 11:15pm
@eaze Vaping is indeed the future.
Smoke has carbon, and is responsible for most lung problems resulting from combustion.
I suggest investing in a GOOD herb vape, at least $100-200 vape.
The others simply combust the herbs.
So many ppl dislike vaping bcuz they tried a bad device.
Friday, July 5th, 2019 at 3:44pm
@Kelpalots @DJColonelCorn A meta-study (I think around 2012) estimated that at the time ~17,000 people/year (in the US) died from complications arising out of internal gastrointestinal bleeding events thought to have been caused by NSAIDs.
(Thanks to Lightning on Disqus for this)
Yes, @Kelpalots, they do
Tuesday, July 2nd, 2019 at 6:11am
@KnowNicotine Vaping, whether done by a teen human or adult, has been shown to be practically harmless. While crying "Save The Children" they banned e-cigs, but not tobacco, in San Francisco recently. Saving the teens from the awful vape. Yeah. They also claim adults do not like flavors. Sure.
Tuesday, July 2nd, 2019 at 6:07am
@KnowNicotine Not happy with this teaser.
It's about, and labelled as, the "teen vaping 'epidemic'".
I'd rather my teen vape than smoke and get disease.
This is not why I donated. This 'teen epidemic' is their excuse to ban vaping.
"Save The Children!" they cry. When it's really about taxes.
Sunday, June 30th, 2019 at 6:30pm
"and from online retail..." .. how, exactly, well the enforce THIS I wonder....
Sunday, June 30th, 2019 at 12:38am
@Kpascuch My old home town has a lot to learn.
First came the flavor ban, now an outright ban on all e-cigs.
I can't believe at this stage of the game we're going backwards.
After all the progress we've made.
My DOCTOR even, has finally decided she approves of VAPING as she can see results https://t.co/OUcWPEelfn
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Sunday, June 30th, 2019 at 12:32am
@Kpascuch Sad.
I was just in Oakland, California.
They couldn't sell me vape liquid.
Of course, the tobacco was readily available.
As an ex-smoker I find that insulting. https://t.co/UAvfpOmJYO
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Thursday, May 23rd, 2019 at 7:56am
@KnowNicotine @Biebert @ThirdLineFilms @JenniBiebertMKE @JimiJakeShaw uh.... all of California isn't like what you saw... next time, come up North and see the redwoods !
All the best, Aaron. <3

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